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Snapshot: Disability discrimination charges, 2007 – 2017

Annual EEOC disability discrimination charges, up 51% since 2007, reached a high of 28,073 in 2016.

Employee must show how chronic pain prevents work

In order to win a disability discrimination case, a worker who claims she is disabled by pain has to show how that affects her ability to work. If the employee misses work but doesn’t explain why or that it’s related to her disability, she doesn’t have a case.

Telecommuting isn’t always a reasonable accommodation for disabled workers

Some employees who need reasonable accommodations may insist on having the option to work from home. That may be a workable solution for some positions. However, it won’t be appropriate for other jobs that require direct supervision or the employee’s physical presence in the workplace.

Disabled workers rejoin job market


About 10% of working age people who described themselves as disabled in 2016 found jobs in 2017.

Watch out! Employee can win punitive damages even if he suffered no loss


An employee can collect punitive damages even if a jury finds that no other damages are due.

Short ADA accommodations delay no problem


Coming up with an accommodation isn’t always easy. It’s OK to temporarily assign the worker to different tasks or another department while you figure it out.

Lowe’s must pay after yanking ADA accommodation


Lowe’s Home Centers has agreed to pay $55,000 to settle charges it violated the ADA when it demoted a supervisor at its store in Cleburne, Texas.

Easy disability accommodation? Just do it!


Sometimes, it makes sense to simply agree to a disability accommodations request that sounds low-cost, easy to implement and convenient.

Beware discipline if outburst reveals disability


Some disabilities cause behavioral problems at work. A corollary is that some employees may try to excuse rule-breaking as a side effect of their medical conditions. Even if you suspect that’s what is going on, proceed with extreme care.

FEHA has lower disability threshold than ADA


California employers must be mindful that it is easier to qualify as disabled under California law than under the federal ADA.